SB 209-REGULATION OF SMOKING  9:25:06 AM CHAIR DYSON announced that SB 209 was before the committee. He remarked about the gratifying amount of public interest in the bill. He recounted that his office had received communications from his constituents with over 80 percent in favor of the committee doing something. He noted that the sponsor's office has offered an amendment to the bill. 9:26:29 AM SENATOR PETER MICCICHE, Alaska State Legislature, Juneau, Alaska, provided a sponsor statement as follows: SB 209 will provide a smoke-free environment for most employees in Alaska. Secondhand smoke kills more people in the U.S. than automobile accidents, many times more in fact in our great state of Alaska. We are fortunate here in the Capitol to be spared from that exposure and that makes it easy to forget the large number of Alaskans that may still be subject to secondhand smoke at their workplace. This bill corrects that inequity, but the bill doesn't subtract from the rights of smokers for their right to choose their own path, it simply protects the rights of non- smokers from the choices of others while they are at the workplace. We have heard staggering statistics about the repercussions of the exposure to secondhand smoke and we have got experts here that will go over some of those, but please remember that secondhand smoke kills five times more people in the U.S. each year than drunk driving and many more than all of the combined highway fatalities. I find it remarkable and it is the reason I feel like it is worthy of having this discussion. So, Mr. Chairman, you probably have figured out in our short relationship that I am a smaller government sort of guy. You might be wondering why I am willing to sponsor this bill in recognition of my aversion to any unreasonable government intervention in our personal lives; but it wasn't an easy decision for me, but I have arrived there due to several reasons, it passed my litmus test of whether or not it fits into the appropriate role of government. 9:28:03 AM SENATOR MICCICHE explained why he was bringing the bill forward as follows: First, it's a public health issue. Just as it is appropriate for government to set safety standards in automobiles, electrical codes for wiring, and requirements for infant and child carrier seats. Whether or not it's appropriate for the state to require safe working conditions free of secondhand smoke is the discussion here, public safety. Second, the cost of treating many of the diseases caused by secondhand smoke are tremendous. Many of those costs are borne by state government and therefore it is fiscally responsible to take action to eliminate the cause of these expenses. Third, many communities and boroughs lack jurisdiction from passing such a local ordinance, just due to their lack of jurisdiction. In most of those cases we serve as the assembly of the Unorganized Borough or we provide that jurisdiction. Those places like Fairbanks Northstar, Mat-Su, and my home borough, Kenai Peninsula. Finally, for me it's a personal issue and as you know, less than two years ago when I was mayor of Soldotna, the Smoke Free Alliance came to me and they talked about my dad. My dad was on oxygen the last 12 years of his life and I am going to e-mail this committee the ad later; it's my father talking about what they didn't know when he was young and how it resulted in adverse effects to his life. My 5 year old at the time, Sophia, who is now 7, says, 'I am glad you are here, I don't ever want to be without my Grandpa.' I know where my father is spiritually right now, but materially he lives in a little gold box in my office, you come down and visit his cremains if you'd like, he didn't make it more than a year and half after that. My father made his personal choices, but my siblings and I didn't. The effects of secondhand smoke, I am the lucky one, of the other three, they all had respiratory issues through living through secondhand smoke effects. 9:30:16 AM SENATOR MICCICHE said he will speak to the committee substitute (CS) and address the changes. CHAIR DYSON asked which version of the bill should be before the committee. SENATOR MICCICHE answered version C. CHAIR DYSON asked if Senator Micciche would like the committee to adopt the CS. SENATOR MICCICHE answered yes. CHAIR DYSON asked Senator Micciche first to explain what the bill accomplishes and then the changes made in the CS. SENATOR MICCICHE described SB 209 as follows: The bill essentially bans smoking in most workplaces in the state, it provides exemptions from employer- approved outside areas away from doors, windows and other ventilation systems. The bill does not ban smoking, it does not ban the use of e-cigarettes, they can continue to be used in the areas regular smoking will be allowed; this is important because you are likely to hear several 'e-cigarette' folks testify against the bill, claiming that it will ban e- cigarettes, it doesn't, it just asks you to take it outside. The bill doesn't require employers to hire or not hire employees because they do or do not smoke, it doesn't prohibit employers from having stronger restrictions such as a hospital with a smoke-free campus, and it does not prohibit local governments from adopting stronger restrictions. 9:32:57 AM SENATOR MICCICHE addressed the CS and noted receiving a video from constituents who did not speak against the bill, but strictly against the smoking ban in standalone tobacco shops. He explained that standalone tobacco shops are places where smokers come to smoke responsibility and noted that children are not allowed to enter. He asserted that standalone tobacco shops do not affect other people and are a worthy exemption. He explained that the other change allows a municipality or borough, through a local election, to exempt itself from all or part of the law. He cited his background as a former mayor to allow local control. He said if residents of a community decide that smoke-free workplaces are not for them, they can exempt themselves. He called attention to smoke-free communities that passed the law and liked it: Anchorage, Bethel, Juneau, and Palmer. He said half of the people in Alaska currently live under a similar law. He noted a local election in Anchorage that tried to overturn the smoke-free law and failed. He summarized that 400 Alaskan businesses and organizations representing all regions of the state have already signed on in support of a statewide smoke-free workplace law. He referenced a large amount of letters and e-mails in support of SB 209. 9:34:55 AM CHAIR DYSON stated that his reason for asking Senator Micciche to explain the changes before the committee adopted the CS was to make sure Senator Micciche did not feel like he had to make some compromise to get past the committee. He asserted that he can speak confidently for his colleague that the CS is pretty fair. He encouraged Senator Micciche to not make changes for expedient reasons. He set forth that the committee will adopt the CS if Senator Micciche feels that the changes are good policy. SENATOR MICCICHE replied that the changes are based on a discussion that involved statewide stakeholders on contributing to good government. He asserted that the changes are reasonable and make SB 209 a better bill. CHAIR DYSON recalled a previous discussion with Senator Micciche that a significant reason for the bill was based on the Unorganized and Second Class boroughs not having the authority to enact a smoke-free law. SENATOR MICCICHE answered correct. He explained that many of Alaska's Second Class Boroughs and the Unorganized Borough do not have the jurisdiction for certain legal power and one of them is health. He said SB 209 allows these boroughs to have health in their jurisdiction. 9:36:44 AM CHAIR DYSON asked what the process is for an unorganized area to opt-out. SENATOR MICCICHE replied that opting out would be more difficult because the Alaska Legislature serves as the assembly for the Unorganized Borough. He surmised that the Unorganized Borough would have to work through the Alaska Legislature and request an opt-out after a vote. 9:37:26 AM CHAIR DYSON asked if there was any objection to accepting the CS as the working document. Finding no objection, he announced that version C is the working document. SENATOR GIESSEL asked for an explanation of the changes made in version C. SENATOR MICCICHE answered that the first change allows an opt- out option and the second removes standalone tobacco-only shops from jurisdiction. CHAIR DYSON asked Senator Giessel if she was comfortable with the CS. SENATOR GIESSEL answered yes. CHAIR DYSON opened public testimony. 9:40:00 AM MARGE STONEKING, Alaska Director, American Lung Association (ALA), Anchorage, Alaska, said she also is testifying on behalf of the American Heart Association, American Cancer Society, American Association of Retired Persons (AARP) Alaska, and the Alaska Native Health Board. She stated that each organization represents thousands of Alaskans on the issue of smoke-free air. She said the organizations that she is testifying on behalf of support SB 209 prior to the CS. She specified support for the standalone tobacco shop and opposition for the opt-out provision. She explained that the Lung Association's mission is to save lives by improving lung health in preventing lung disease. She pointed out the need to prevent the indoor-use of e-cigarettes as well. 9:42:43 AM DR. ROBERT URATA, M.D., volunteer, American Heart Association (AHA), Juneau, Alaska, noted that he is a family physician and has practiced medicine since 1984. He noted that he has been an AHA volunteer for the past 12 years. He stated that he is in support of SB 209 and supports the inclusion of e-cigarettes in the bill. He addressed the health problems with smoking and pointed out that passive smoking can cause up to 50,000 deaths a year in the U.S. He stated that even brief secondhand smoke exposure can cause immediate and adverse effects such as a heart attack. He pointed out that Pueblo, Colorado studied the effects of smoke-free ordinances and noted an increase in food and beverage (F&B) sales along with a reduction in heart attacks. He noted an Institute of Social and Economic Research (ISER) report on the business impact from a smoke-free indoor ordinance in Anchorage that showed an increase in F&B business. He said only half of the Alaska population is covered by smoke-free workplace law due to jurisdictional issues and that is the reason for a request that state law provide protection. He said that e- cigarettes should be included in SB 209 and provided scientific evidence. He summarized that SB 209 will improve the health and safety of all Alaskans, both present and future generations. 9:46:18 AM ANGELA CARROLL, owner, Glacier Vapors, Palmer, Alaska, asked if the vapor or "vape" shops will be included in the opt-out option with the tobacco shops. She noted that vape shops typically get included with tobacco and vape shops are not tobacco. CHAIR DYSON stated that his guess is that vape shops are not included. He said the committee will have the sponsor speak to Ms. Carroll's question. MS. CARROLL noted that the use of e-cigarettes was a way to reduce nicotine intake. 9:49:50 AM BRIAN CATON, owner, Northern Lights Vapor Company, Anchorage, Alaska, asked that SB 209 be amended to include an exemption for standalone vapor shops as well as standalone tobacco shops. He pointed out that standalone vapor shops abide by the same criteria as tobacco shops where no minors are present and individuals enter of their own volition. ISAAC HOWELL, owner, Cold Vapes 907, Anchorage, Alaska, stated that standalone vape shops should be exempted. He noted that bar owners enjoy having people being able to come in and "vape" who normally would not come into bars. CHAIR DYSON noted that he is hearing the word "vape" for the first time. He surmised that the term "vape" means an establishment that dispenses e-cigarettes. 9:52:56 AM LARRY HACKENMILLER, representative, Interior Cabaret, Hotel, Restaurant & Retailers Association (ICHARR), Fairbanks, Alaska, refuted the scientific claims made against secondhand smoke. He noted that Fairbanks turned down an indoor smoking ban because 85 percent of restaurants were already non-smoking. He summarized that Fairbanks is a First Class city that decided that there were enough choices for non-smokers. He claimed that there is no hazard from secondhand smoke in the workplace. 9:55:54 AM JILL LEWIS, Deputy Director, Alaska Department of Health and Social Services (DHSS), Division of Public Health (DPH), Juneau, Alaska, stated that she was at the meeting to address questions that pertained to public health. She called attention to AS 18.35.356, the "public education piece." She noted that AS 18.35.356 is addressed in the bill's original version on page 6, page 7 in the CS. SENATOR WIELECHOWSKI asked if the Administration supports the bill. MS. LEWIS answered that the Administration has not taken a position. SENATOR GIESSEL asked if the noted activities are things DHSS- DPH is already doing: education programs, electronically published printable-brochure, etc. MS. LEWIS answered that to a large extent, the activities are things that are being done currently by the grantees that DHSS- DPH have that already work in the Tobacco Prevention and Control Program and SB 209 would further expand the activities. She noted that the current activities are locally focused and local communities adopting smoke-free policies would be statewide oriented. 9:57:27 AM CHAIR DYSON noted that finance and dollars are not Ms. Lewis' direct responsibility. He asked if she has any sense of what the public health benefit and the impact on public health cost might be. MS. LEWIS answered that DHSS-DPH has an indeterminate fiscal note at this time. She explained that DHSS-DPH thinks that most of the public education could probably be absorbed within the department's existing budgets. She said the signage could become an expense depending on what that turns out to be and that is not clear at this time. She pointed out that the enforcement activities at this time are listed as being under DHSS-DPH's responsibility. She stated that DHSS-DPH currently does not have the infrastructure or systems for enforcement. She said DHSS-DPH would need more information to understand what enforcement would entail. SENATOR WIELECHOWSKI noted that the previous testifier said he did to believe secondhand smoke caused any injuries. He asked if Ms. Lewis agreed with the previous statement and, if not, if she have a sense of how much secondhand smoke costs the State of Alaska in terms of Medicaid expenditures or other expenditures. MS. LEWIS answered that she did not have information on the Medicaid program costs at this time. She said DHSS-DPH has long said that secondhand smoke is dangerous. SENATOR WIELECHOWSKI asked if she had any rough estimates of what secondhand smoke might be costing the state. MS. LEWIS answered that she will present information to the committee at a later date. CHAIR DYSON asked how the non-smoking ordinances are currently enforced and who goes around to check up on compliance. MS. LEWIS answered the Alaska Department of Environmental Conservation (DEC). CHAIR DYSON asked how DEC enforces the ordinances. MS. LEWIS replied that she would have to defer to DEC to address enforcement questions. 10:00:24 AM SENATOR WIELECHOWSKI asked how many citations or infractions have been alleged against people or businesses in Anchorage or other communities. MS. LEWIS answered that none have been given. CHAIR DYSON admitted to the difficulty in quantifying the impact from secondhand smoke. He remarked that the whole premise that legislators are working on banning smoking and banning smoking in the workplace is better for people's health. He added that banning smoking is going to diminish the cost to the public coffers significantly if not profoundly over time. He said the offset of banning smoking is how much money will be required to have somebody running around to make sure the ban is complied with. He surmised that non-smoking compliance was largely self- policed. 10:02:00 AM TERRY SNYDER, Mat-Su Coordinator, American Cancer Society Cancer Action Network, Palmer, Alaska, proclaimed that there is huge support for SB 209 by the Mat-Su from both businesses and individuals. She referenced a letter from the Greater Palmer Chamber of Commerce that supports SB 209. She detailed that voters in Palmer passed a 2011 ballot initiative that made smoking in public places within the city limits a violation. She noted that the initiative was enacted by Palmer in 2012. She said Palmer businesses were polled and an increase in commerce and a more positive community outlook was noted due to the smoke-free ordinance. CHAIR DYSON asked what the current enforcement for non-smoking areas is and what would the impact be for extending virtual statewide enforcement. 10:05:40 AM ELAINE BUSSE FLOYD, Director, Division of Environmental Health, Alaska Department of Environmental Conservation, Anchorage, Alaska, responded that enforcement is a little bit difficult for DEC due to the offense's nature. She noted that DEC does not have citation issuing ability and a peace officer is required to actually observe the smoker or violator and then be able to issue a citation. She explained that DEC educates the public and informs affected business operators about their legal obligation to display signs. She added that DEC inspects public facilities and restaurants, offers signs, notifies the person in charge on requirements, and records any failure on inspection reports. CHAIR DYSON noted Senator Wielechowski's question regarding the amount of citations that have been issued or actions taken against violators and asked particularly about Anchorage. MS. BUSSE FLOYD answered that she does not have an answer. CHAIR DYSON asked if she was aware of any citations that were issued. MS. BUSSE FLOYD answered that citations are enforced in small claims court. CHAIR DYSON asked if the non-smoking violation was a civil action. MS. BUSSE FLOYD answered yes. CHAIR DYSON asked if the citation is initiated by a citizen who has skin-in-the-game and is demanding compliance. MS. BUSSE FLOYD answered correct. She explained that DEC currently enforces the law as an education process on compliance. She summarized that public pressure and awareness brings about the compliance. 10:09:04 AM PHIL WELSH, Administrator, Sitka Pioneer Home, Alaska Pioneer Homes (APH), Alaska Department of Health and Social Services, Sitka, Alaska, introduced himself. SENATOR GIESSEL asked if APH will be included in the prohibition and if there will be an issue with residents. MR. WELSH answered that there are a few smokers at each APH home. He said the greatest effect from the bill will be the required distance away from the homes. 10:11:18 AM CHAIR DYSON asked if he currently has the authority to protect the APH's guests, clients, and patients from secondhand smoke. MR. WELSH replied that APH has had no policy about prohibiting smoking. He said the feeling is that there are appropriate safe guards in place at this time. CHAIR DYSON asked if there are any APH homes in Alaska's Unorganized Borough or Second Class cities that cannot or do not have a local ordinances that would empower APH to have a policy with "teeth." MR. WELSH answered that he did not know which APH homes are in the Unorganized Borough. 10:12:56 AM BETTY MACTAVISH, representing herself, Kodiak, Alaska, stated that she supports SB 209 for a smoke-free work environment. She noted secondhand smoke's negative impact on Kodiak's businesses. She explained the dangers from e-cigarettes and secondhand aerosol. 10:15:09 AM JOHN PARKER, business owner, Kenai, Alaska, said SB 209 will "level the playing field" for businesses so that everyone benefits, including non-smokers. He noted a reason for businesses that have not voluntarily gone to no-smoking as follows: Many local hotels and bars are concerned about 'leveling the playing field' and they fear that if an establishment goes smoke-free in their area, other local establishments will reap the benefits. He called attention to Kenai businesses that have prospered since voluntarily going smoke-free in addition to increased health and safety for their employees. He addressed an argument against smoke-free environments in public places as follows: The other argument I often hear is that smokers have the right to smoke. I agree, even though there is irrefutable proof that smoking will radically shorten your life. We often hear that if non-smokers don't like cigarette smoke, they should go somewhere else. As a non-smoker, if my wife and I go into an establishment, we are not imposing our choices on anyone. By comparison, when a smoker lights up in an establishment which I am a patron of, they are imposing their choices on me, they do not have the right to do that. He summarized that SB 209 is legislation that is not aimed at limiting smokers' rights. It is aimed at protecting the health and safety of other Alaskans. 10:18:18 AM GARY SUPERMAN, business owner, Hunger Hut, Nikiski, Alaska, declared that studies from the U.S. Environmental Protection Agency (EPA), OSHA, and the U.S. Congress questioned 100 percent compliance with smoke-free areas. He asserted that from an economic standpoint, his neighborhood tavern would be irreparably harmed by SB 209. He explained that 90 percent of his customers and 100 percent of his bartenders smoke. He remarked that the legislation is being shoved down business's throats. He asked that the structural problems with enforcement be analyzed in SB 209 and a fiscal note be applied to the bill to address enforcement issues. 10:21:28 AM ANGELO REALE, owner, Reale Vapes, Wasilla, Alaska, stated that SB 209 needs an amendment to separate e-cigarettes from tobacco. 10:23:23 AM ALLEN GRUNIN, representing himself, Fairbanks, Alaska, said he supports SB 209 to regulate smoking in Alaska. He noted that he is a member of the Alaska Native Veterans Association (ANVA). He said ANVA has signed a resolution of support for SB 209. He asserted that there is no right to smoke and asked for passage of SB 209 to standup for the right to breathe clean air. 10:25:03 AM CHAIR DYSON declared that the committee will stand at ease. 10:25:32 AM CHAIR DYSON called the committee back to order. 10:25:42 AM MICHAEL PATTERSON, representing himself, Juneau, Alaska, said he supports SB 209 and explained his terminal medical condition due to smoking. He noted that he is traveling around the state and speaking at schools to draw attention to the hazards of smoking. He pointed out that over half of the area that he travels to in the state is not protected. He said Anchorage and Fairbanks do not have smoke-free laws in public areas. 10:27:31 AM CHAIR DYSON asked if any of Mr. Patterson's exposure to secondhand smoke was due to working in a place where people were smoking. MR. PATTERSON answered no. He added that he had a friend that died from secondhand smoke. CHAIR DYSON noted that Anchorage and Fairbanks do have the local authority to ban smoke if they wanted and would not be effected by SB 209. He announced that SB 209 will be passed out of committee if there is no objection. He said he has a couple of suggested amendments, one of them has to do with a senior and disabilities place where a person will have to go 50 feet away. He pointed out that there may be a risk for requiring a senior or disabled person to be outside in winter conditions. He said his second amendment pertains to vape shops. He remarked that both vape shops and tobacco shops should be excluded. He said his respectful suggestion to Senator Micciche is to consider his amendments at the next committee of referral. CHAIR DYSON announced that the Chair will entertain a motion. 10:29:12 AM SENATOR GIESSEL moved to report the CS for SB 209, version 28- LS1539\C, from committee with individual recommendations and attached fiscal note(s). 10:29:24 AM CHAIR DYSON stated that seeing no objection, [CSSB 209(STA)] moved out of the Senate State Affairs Standing Committee.